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SPECIAL ISSUE
European Union
The European Court of Justice Judgment in Marks & Spencer – Comment and Analysis
In this Special Issue of European Taxation, the guest Editor of which is Pim Smit, various issues are considered regarding the significance and the effect of the European Court of Justice (ECJ) judgment in the case of Marks & Spencer plc v. David Halsey (Her Majesty's Inspector of Taxes) (Case C-446/03). In this respect, acknowledged experts in their respective fields pay specific attention to the implications of the Marks & Spencer decision for the ECJ itself and the development of its jurisprudence, the various national tax systems of the Member States, and the EU proposals regarding cross-border loss relief, a common consolidated corporate tax base and Home State Taxation.
Marks & Spencer: The Paradoxes
Pim M. Smit
pp. 411-412
The ECJ at the Crossroads: Balancing Tax Sovereignty Against the Imperatives of the Single Market
Prof. Frans Vanistendael
pp. 413-420
Direct Taxation: Is the ECJ Heading in a New Direction?
Prof. Dr Michael Lang
pp. 421-430
Marks & Spencer: Are National Tax Systems Éclairé?
Sjoerd Douma and Caroline Naumburg
pp. 431-442
Previous EU Proposals for Cross-Border Loss Relief
Prof. L.A. Denys
pp. 443-448
Recent EU Developments in Relation to the Marks & Spencer Case
Prof. Dr Gerard T.K. Meussen
pp. 449-452
EC UPDATE
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HUMAN RIGHTS ISSUES AND DEVELOPMENTS
Netherlands Tax Law Meets Human Rights Law
Hans Pijl
pp. 453-456
Details are provided of the judgment of the Tax Division of the Court of Appeal of The Hague of 21 July 2006 regarding the application of Art. 1 of the First Protocol to the European Convention on Human Rights in favour of a taxpayer.
WHAT'S GOING ON IN ...
European Union
The Advocate General's Opinion in Denkavit II
Prof. Jaap Bellingwout and Séverine Baranger, LL.M.
pp. 457-461
The authors provide details of the recent Opinion given by Advocate General Geelhoed of the ECJ in Denkavit II. Specifically, in Denkavit II, the Advocate General opined that the French withholding tax on outbound dividends is incompatible with the freedom of establishment and that this is not justified by the France–Netherlands tax treaty of 16 March 1973.
Switzerland
Swiss Supreme Court Decision on Treaty Abuse
Stefan Oesterhelt and Maurus Winzap
pp. 461-463
Details and comment are provided on the decision of the Swiss Supreme Court of 28 November 2005, which, notwithstanding the absence of applicable anti-abuse provisions in the Denmark–Switzerland tax treaty of 23 November 1973, held that, under international law, a reservation of abuse of rights is inherent in all tax treaties.
Turkey
New Turkish Corporate Income Tax Act Approved
Prof. Dr Billur Yaltı
pp. 464-467
The author comments on the new Corporate Income Tax Act of 21 June 2006, which comprehensively revises, and introduces substantial amendments compared to, the previous 1949 Act. Notably, the new Act reduces the corporate income tax rate from 30% to 20% and introduces anti-avoidance provisions with regard to transfer pricing and controlled foreign companies. The changes generally apply retroactively from 1 January 2006, but the new transfer pricing rules will only apply from 1 July 2007.
CUMULATIVE INDEX
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